MILITARY DEFENSE LAWYER (Former JAG Attorney) NEWS:
A shocking event is reportedly occurring in the Air Force. It appears the Air Force OSI (Office of Special Investigations) is investigating a female Air Force member for an alleged possible false rape allegation! The story appears in the Daily Beast here:
As you know, the topic of alleged rape and sexual assault in the military (UCMJ Article 120) is clearly the hottest topic in the military justice system. Court-martial trials dealing with these allegations dominate the headlines and military legal defense practice. And, there has essentially been a dramatic push to presume guilt in these cases and attempt to severely limit a military accused's right and ability to mount a defense in such a military trial.
In fact, in a recent Air Force alleged rape case in which the Air Force JAG Article 32 Investigating Officer recommended not going forward to trial, and the Air Force JAG SJA recommended not going forward to trial, and the General Court-Martial Convening Authority (GCMCA, Lt Gen Craig Franklin) followed that advice and his own conscience and elected not to go forward to trial - the Air Force leadership took the case from the GCMCA and ordered a second Article 32 hearing because they seem to want there to be no discretion in the court-martial referral decision. This prompted the premature retirement of the GCMCA. See my blog post here:
So... The fact that a female Air Force member is reportedly being investigated for an alleged false rape claim is staggering. According to the story, at some point she served as an OSI informant, but at some disputed point she was relieved of that role. It appears she is claiming that she was raped during the course of an undercover Air Force OSI investigation, yet they are now investigating her.
However, now that the story has been reported in the press, I simply can't imagine that the Air Force will dare to take any adverse action against her claiming that her rape report was false. Stay tuned on this...
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C. http://www.militaryadvocate.com